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Insurance | Illinois Central
Order
TEXT ORDER entered by Judge Sara Darrow on July 14, 2026. The parties submitted a 22 joint stipulation of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). They "stipulate that Plaintiff's claim is to be dismissed in its entirety without prejudice." Joint Stip. Dismissal. However, "Rule 41(a) should be limited to dismissal of an entire action," Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015), and Plaintiff has two pending claims. See 16 First Am. Compl. 10-16; 21 June 18, 2026 Order 10-11. The stipulation's attempted dismissal of a "claim" is unclear and insufficient to support closing this case because the parties may have intended to dismiss both Plaintiff's claims and close the case, or they may have intended to dismiss just one claim. In the event they intended to dismiss just one claim, the proper avenue is to file a motion to amend the complaint pursuant to Rule 15(a)(2). Taylor, 787 F.3d at 858. As such, the parties are DIRECTED to file either (1) an amended stipulation of dismissal for all Plaintiff's claims or (2) an amended complaint by July 21, 2026. (JSH)
Stipulation of Dismissal
STIPULATION of Dismissal by Leroy Workman. (Doolittle, Paul)
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